Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 53444-53446 [2024-13967]
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Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices
China; Utopban International Trading
Co., Ltd. d/b/a Vegega (‘‘Utopban
International’’) of Rosemead, California;
Utopban Limited (‘‘Utopban’’) of Hong
Kong; Forever Garden of El Monte,
California; and VegHerb, LLC d/b/a
Frame It All (‘‘VegHerb’’) of Cary, North
Carolina. See id. at 2638. The Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party. Id.
The investigation was terminated as
to Utopban International based on
withdrawal of the complaint’s
allegations. Order No. 9 (Jan. 30, 2023),
unreviewed by Comm’n Notice (Feb. 27,
2023). The investigation was terminated
as to Forever Garden and VegHerb based
on settlement agreements. Order No. 11
(Feb. 23, 2023) (VegHerb) and Order No.
12 (Feb. 23, 2023) (Forever Garden),
both unreviewed by Comm’n Notice
(Mar. 23, 2023).
The presiding Administrative Law
Judge issued a final initial
determination (the ‘‘Final ID’’) on
September 8, 2023, finding a violation
of section 337 based on trade secret
misappropriation and false advertising.
On January 9, 2024, the Commission
determined to review the Final ID’s
findings in part. 89 FR 2645–47 (Jan. 16,
2024). On March 21, 2024, the
Commission affirmed-in-part and
reversed-in-part the Final ID, finding a
violation of section 337 based on trade
secret misappropriation and false
advertising. 89 FR 21270–71 (Mar. 27,
2024). On the same day, the
Commission issued an opinion
explaining the basis for its final
determination and issued a LEO for
Green Giant and Utopban and a CDO for
Utopban. Id.
On May 21, 2024, complainant Vego
Innovations, Inc. f/k/a Vego Garden
(‘‘Vego’’) filed a complaint (the
‘‘Enforcement Complaint’’) requesting
that the Commission institute an
enforcement proceeding to investigate
alleged violations of the LEO and CDO
by Green Giant and Utopban d/b/a
Vegega. In the Enforcement Complaint,
Vego alleges that Green Giant and
Utopban have continued to import, sell,
offer for sale, market, advertise,
distribute, transfer, and/or solicit agents
or distributors for products that are
manufactured using a misappropriated
trade secret.
Having examined the Enforcement
Complaint and the supporting
documents, the Commission has
determined to institute a formal
enforcement proceeding, pursuant to
Commission Rule 210.75(a) (19 CFR
210.75(a)), to determine whether a
violation of the LEO and CDO, issued on
March 21, 2024, in this investigation has
occurred and to determine what, if any,
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enforcement measures are appropriate.
The named respondents are Huizhou
Green Giant Technology Co., Ltd. of
Guangdong, China and Utopban Limited
d/b/a Vegega of Hong Kong.
The Commission vote for this
determination took place on June 20,
2024.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–13971 Filed 6–25–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–699–702 and
731–TA–1659–1660 (Final)]
Frozen Warmwater Shrimp From
Ecuador, India, Indonesia, and
Vietnam; Scheduling of the Final
Phase of Countervailing Duty and
Antidumping Duty Investigations
International Trade
Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–699–702 and 731–TA–1659–
1660 (Final) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of frozen warmwater
shrimp from Ecuador, India, Indonesia,
and Vietnam, provided for in
subheadings 0306.17.00, 1605.21.10,
and 1605.29.10 of the Harmonized Tariff
Schedule of the United States,
preliminarily determined by the
Department of Commerce (‘‘Commerce’’)
to be subsidized and sold at less-thanfair-value.
DATES: May 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Calvin Chang ((202) 205–3062), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
SUMMARY:
PO 00000
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the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as certain
frozen warmwater shrimp and prawns
whether wild-caught (ocean harvested)
or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off, deveined
or not deveined, cooked or raw, or
otherwise processed in frozen form.
‘‘Tails’’ in this context means the tail
fan, which includes the telson and the
uropods. The frozen warmwater shrimp
and prawn products included in the
scope, regardless of definitions in the
Harmonized Tariff Schedule of the
United States (HTSUS), are products
which are processed from warmwater
shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, whiteleg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis),
southern pink shrimp (Penaeus
notialis), southern rough shrimp
(Trachypenaeus curvirostris), southern
white shrimp (Penaeus schmitti), blue
shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis),
and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope. In addition,
food preparations, which are not
‘‘prepared meals,’’ that contain more
than 20 percent by weight of shrimp or
prawn are also included in the scope.
Excluded from the scope are: (1)
breaded shrimp and prawns (HTSUS
subheading 1605.21.1020); (2) shrimp
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and prawns generally classified in the
Pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled
(HTSUS subheadings 0306.36.0020 and
0306.36.0040); (4) shrimp and prawns in
prepared meals (HTSUS subheadings
1605.21.0500 and 1605.29.0500); (5)
dried shrimp and prawns; (6) canned
warmwater shrimp and prawns (HTSUS
subheading 1605.29.1040); and (7)
certain battered shrimp. Battered shrimp
is a shrimp-based product: (1) that is
produced from fresh (or thawed-fromfrozen) and peeled shrimp; (2) to which
a ‘‘dusting’’ layer of rice or wheat flour
of at least 95 percent purity has been
applied; (3) with the entire surface of
the shrimp flesh thoroughly and evenly
coated with the flour; (4) with the nonshrimp content of the end product
constituting between four and ten
percent of the product’s total weight
after being dusted, but prior to being
frozen; and (5) that is subjected to
individually quick frozen (IQF) freezing
immediately after application of the
dusting layer. When dusted in
accordance with the definition of
dusting above, the battered shrimp
product is also coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of § 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in Ecuador, India, and Vietnam of
frozen warmwater shrimp, and that such
products from Ecuador and Indonesia
are being sold in the United States at
less than fair value within the meaning
of § 733 of the Act (19 U.S.C. 1673b).
The investigations were requested in
petitions filed on October 25, 2023, by
the American Shrimp Processors
Association, Port Arthur, Texas.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Although Commerce has
preliminarily determined that imports
of frozen warmwater shrimp from
Indonesia are not being subsidized, for
purposes of efficiency, the Commission
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hereby waives rule 207.21(b) 1 so that
the final phase of the investigation may
proceed concurrently in the event that
Commerce makes a final affirmative
determination with respect to such
imports.
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§ 201.11 of the Commission’s rules, no
later than 21 days prior to the hearing
date specified in this notice. A party
that filed a notice of appearance during
the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations need not reapply for such
access. A separate service list will be
maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on October 2, 2024,
1 § 207.21(b) of the Commission’s rules provides
that, where Commerce has issued a negative
preliminary determination, the Commission will
publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from
Commerce.
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and a public version will be issued
thereafter, pursuant to § 207.22 of the
Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Wednesday, October 16,
2024. Requests to appear at the hearing
should be filed in writing with the
Secretary to the Commission on or
before Thursday, October 10, 2024. Any
requests to appear as a witness via
videoconference must be included with
your request to appear. Requests to
appear via videoconference must
include a statement explaining why the
witness cannot appear in person; the
Chairman, or other person designated to
conduct the investigation, may in their
discretion for good cause shown, grant
such a request. Requests to appear as
remote witness due to illness or a
positive COVID–19 test result may be
submitted by 3 p.m. the business day
prior to the hearing. Further information
about participation in the hearing will
be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
A nonparty who has testimony that
may aid the Commission’s deliberations
may request permission to present a
short statement at the hearing. All
parties and nonparties desiring to
appear at the hearing and make oral
presentations should attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
Friday, October 11, 2024. Parties shall
file and serve written testimony and
presentation slides in connection with
their presentation at the hearing by no
later than 4:00 p.m. on Thursday,
October 10, 2024. Oral testimony and
written materials to be submitted at the
public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is October 9, 2024. Parties shall
also file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of § 207.25
of the Commission’s rules. The deadline
for filing posthearing briefs is October
23, 2024. In addition, any person who
has not entered an appearance as a party
to the investigations may submit a
written statement of information
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Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices
pertinent to the subject of the
investigations, including statements of
support or opposition to the petition, on
or before October 23, 2024. On
November 4, 2024, the Commission will
make available to parties all information
on which they have not had an
opportunity to comment. Parties may
submit final comments on this
information on or before November 7,
2024, but such final comments must not
contain new factual information and
must otherwise comply with § 207.30 of
the Commission’s rules. All written
submissions must conform with the
provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to § 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with §§ 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
ddrumheller on DSK120RN23PROD with NOTICES1
By order of the Commission.
Issued: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–13967 Filed 6–25–24; 8:45 am]
BILLING CODE 7020–02–P
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Jkt 262001
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Workforce
Flexibility (Workflex) Plan Submission
and Reporting Requirements
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Employment
and Training Administration (ETA)sponsored information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(PRA). Public comments on the ICR are
invited.
DATES: The OMB will consider all
written comments that the agency
receives on or before July 26, 2024.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Michael Howell by telephone at 202–
693–6782, or by email at DOL_PRA_
PUBLIC@dol.gov.
SUPPLEMENTARY INFORMATION: Under
Workflex, governors are granted the
authority to approve requests submitted
by their local areas to waive certain
statutory and regulatory provisions of
WIOA Title I programs. States may also
request waivers from the Secretary of
certain requirements of the WagnerPeyser Act (sections 8–10) and the Older
Americans Act of 1965. The Act
provides that the Secretary may only
grant Workflex waiver authority in
consideration of a Workflex plan
submitted by a State. For additional
substantive information about this ICR,
see the related notice published in the
Federal Register on March 1, 2024 (89
FR 15221).
Comments are invited on: (1) whether
the collection of information is
necessary for the proper performance of
the functions of the Department,
including whether the information will
have practical utility; (2) the accuracy of
the agency’s estimates of the burden and
cost of the collection of information,
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information collection; and
SUMMARY:
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(4) ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
automated collection techniques or
other forms of information technology.
This information collection is subject
to the PRA. A Federal agency generally
cannot conduct or sponsor a collection
of information, and the public is
generally not required to respond to an
information collection, unless the OMB
approves it and displays a currently
valid OMB Control Number. In addition,
notwithstanding any other provisions of
law, no person shall generally be subject
to penalty for failing to comply with a
collection of information that does not
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–ETA.
Title of Collection: Workforce
Flexibility (Workflex) Plan Submission
and Reporting Requirements.
OMB Control Number: 1205–0432.
Affected Public: State, local, and
Tribal governments.
Total Estimated Number of
Respondents: 5.
Total Estimated Number of
Responses: 25.
Total Estimated Annual Time Burden:
235 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michael Howell,
Senior Paperwork Reduction Act Analyst.
[FR Doc. 2024–13937 Filed 6–25–24; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0048]
Proposed Revision of a Currently
Approved Information Collection;
Respirator Program Records
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor
(DOL), as part of its continuing effort to
reduce paperwork and respondent
burden, conducts a pre-clearance
consultation program to provide the
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53444-53446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13967]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-699-702 and 731-TA-1659-1660 (Final)]
Frozen Warmwater Shrimp From Ecuador, India, Indonesia, and
Vietnam; Scheduling of the Final Phase of Countervailing Duty and
Antidumping Duty Investigations
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-699-702 and 731-TA-1659-1660 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of frozen warmwater shrimp from Ecuador,
India, Indonesia, and Vietnam, provided for in subheadings 0306.17.00,
1605.21.10, and 1605.29.10 of the Harmonized Tariff Schedule of the
United States, preliminarily determined by the Department of Commerce
(``Commerce'') to be subsidized and sold at less-than-fair-value.
DATES: May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Calvin Chang ((202) 205-3062), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as certain frozen warmwater shrimp and prawns
whether wild-caught (ocean harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shell-on or peeled, tail-on or tail-
off, deveined or not deveined, cooked or raw, or otherwise processed in
frozen form. ``Tails'' in this context means the tail fan, which
includes the telson and the uropods. The frozen warmwater shrimp and
prawn products included in the scope, regardless of definitions in the
Harmonized Tariff Schedule of the United States (HTSUS), are products
which are processed from warmwater shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be processed from any species of
warmwater shrimp and prawns. Warmwater shrimp and prawns are generally
classified in, but are not limited to, the Penaeidae family. Some
examples of the farmed and wild-caught warmwater species include, but
are not limited to, whiteleg shrimp (Penaeus vannemei), banana prawn
(Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river
prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon),
redspotted shrimp (Penaeus brasiliensis), southern brown shrimp
(Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris), southern white shrimp
(Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white
shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus
indicus).
Frozen shrimp and prawns that are packed with marinade, spices or
sauce are included in the scope. In addition, food preparations, which
are not ``prepared meals,'' that contain more than 20 percent by weight
of shrimp or prawn are also included in the scope.
Excluded from the scope are: (1) breaded shrimp and prawns (HTSUS
subheading 1605.21.1020); (2) shrimp
[[Page 53445]]
and prawns generally classified in the Pandalidae family and commonly
referred to as coldwater shrimp, in any state of processing; (3) fresh
shrimp and prawns whether shell-on or peeled (HTSUS subheadings
0306.36.0020 and 0306.36.0040); (4) shrimp and prawns in prepared meals
(HTSUS subheadings 1605.21.0500 and 1605.29.0500); (5) dried shrimp and
prawns; (6) canned warmwater shrimp and prawns (HTSUS subheading
1605.29.1040); and (7) certain battered shrimp. Battered shrimp is a
shrimp-based product: (1) that is produced from fresh (or thawed-from-
frozen) and peeled shrimp; (2) to which a ``dusting'' layer of rice or
wheat flour of at least 95 percent purity has been applied; (3) with
the entire surface of the shrimp flesh thoroughly and evenly coated
with the flour; (4) with the non-shrimp content of the end product
constituting between four and ten percent of the product's total weight
after being dusted, but prior to being frozen; and (5) that is
subjected to individually quick frozen (IQF) freezing immediately after
application of the dusting layer. When dusted in accordance with the
definition of dusting above, the battered shrimp product is also coated
with a wet viscous layer containing egg and/or milk, and par-fried.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Ecuador, India, and Vietnam of frozen warmwater shrimp,
and that such products from Ecuador and Indonesia are being sold in the
United States at less than fair value within the meaning of Sec. 733
of the Act (19 U.S.C. 1673b). The investigations were requested in
petitions filed on October 25, 2023, by the American Shrimp Processors
Association, Port Arthur, Texas.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that imports of
frozen warmwater shrimp from Indonesia are not being subsidized, for
purposes of efficiency, the Commission hereby waives rule 207.21(b) \1\
so that the final phase of the investigation may proceed concurrently
in the event that Commerce makes a final affirmative determination with
respect to such imports.
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\1\ Sec. 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on October
2, 2024, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on
Wednesday, October 16, 2024. Requests to appear at the hearing should
be filed in writing with the Secretary to the Commission on or before
Thursday, October 10, 2024. Any requests to appear as a witness via
videoconference must be included with your request to appear. Requests
to appear via videoconference must include a statement explaining why
the witness cannot appear in person; the Chairman, or other person
designated to conduct the investigation, may in their discretion for
good cause shown, grant such a request. Requests to appear as remote
witness due to illness or a positive COVID-19 test result may be
submitted by 3 p.m. the business day prior to the hearing. Further
information about participation in the hearing will be posted on the
Commission's website at https://www.usitc.gov/calendarpad/calendar.html.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Friday,
October 11, 2024. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than 4:00 p.m. on Thursday, October 10, 2024. Oral
testimony and written materials to be submitted at the public hearing
are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 9, 2024. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is October 23, 2024. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information
[[Page 53446]]
pertinent to the subject of the investigations, including statements of
support or opposition to the petition, on or before October 23, 2024.
On November 4, 2024, the Commission will make available to parties all
information on which they have not had an opportunity to comment.
Parties may submit final comments on this information on or before
November 7, 2024, but such final comments must not contain new factual
information and must otherwise comply with Sec. 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of Sec. 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with the requirements of Sec. Sec.
201.6, 207.3, and 207.7 of the Commission's rules. The Commission's
Handbook on Filing Procedures, available on the Commission's website at
https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf,
elaborates upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 20, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-13967 Filed 6-25-24; 8:45 am]
BILLING CODE 7020-02-P
